Direct Damages Cap definition

Direct Damages Cap means the Maximum Contract Amount.
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Direct Damages Cap has the meaning given in Section 11.2(a).
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Direct Damages Cap has the meaning set forth in Section 18.1(b) of the Master Agreement.
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Examples of Direct Damages Cap in a sentence

  • CCH’s aggregate liability under this Services Agreement will be limited to Vendor’s actual provable Direct Damages, not to exceed the Direct Damages Cap less all amounts CCH has paid to Vendor for Vendor’s furnishing of Services and Deliverables pursuant to this Services Agreement.

  • In the event of a termination by Certegy pursuant to Sections 12.1(a) for cause or (b) for persistent breaches or (e) for Bankruptcy or (f) for exceeding the IBM Direct Damages Cap or Section 3.3 for failing to provide disaster recovery services, Certegy shall not be responsible for the payment of the applicable Termination Charge or Wind-Down Expenses.

  • For the avoidance of doubt, the Provider Direct Damages Cap and the Customer Direct Damages Cap are each separate from the Second Cap and any applicable damages incurred under the Provider Direct Damages Cap and the Customer Direct Damages Cap shall not count as damages under the Second Cap (and vice versa).

  • Xxxxxxx shall have the right, but not the obligation, to terminate the Agreement, any SOW(s) or any Work Order(s) immediately in the event that Provider incurs damages of any type (including consequential and indirect damages) to Xxxxxxx in excess of 65% of the Provider Direct Damages Cap and Provider does not agree to reset to zero the Direct Damages counted toward the Provider Direct Damages Cap upon written request from Xxxxxxx to reset the Provider Direct Damages Cap.

  • Except as provided in Section 13.2, each Transaction Document shall contain a ------------ provision setting the cap on the aggregate liability of EDS for Direct Damages pursuant to such Transaction Document (the "EDS Direct Damages Cap").

  • However, in the event of a termination by Flagstar pursuant to Sections 10.3(a) Cause or (b) Persistent Failure or (e) Bankruptcy or (f) Per Event ISSC Direct Damages Cap and notwithstanding any other provision of this Agreement except Section 10.5(c), Flagstar shall only be responsible for the payment obligations described in Section 10.5(a)(i) above, but not for the amounts set forth in Sections 10.5(a)(ii) and (iii) above.

  • The ISSC Direct Damages Cap and the CHMS Direct Damages Cap are herein collectively called the "Direct Damages Caps".

  • The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "Direct Damages Caps".

  • The IBM Direct Damages Cap and the Certegy Direct Damages Cap are herein collectively called the "Direct Damages Caps".

  • The ISSC Direct Damages Cap and the Flagstar Direct Damages Cap are herein collectively called the "Direct Damages Caps".


More Definitions of Direct Damages Cap

Direct Damages Cap shall have the meaning given in Section 27.6 of the Terms and Conditions.
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Direct Damages Cap shall have the meaning set forth in Section 20.1.2.
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Direct Damages Cap shall have the meaning set forth in SECTION 30.01.
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Direct Damages Cap means $[**].
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Related to Direct Damages Cap

  • Direct Damage has the meaning given to it in clause 26.2;

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Special Damages has the meaning specified in Section 11.21.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Noneconomic damages ’ means damages for phys-

  • Maximum Liability has the meaning assigned to such term in Section 10.10.

  • Consequential Loss means indirect or consequential loss or damage such as, but not limited to, loss of contract, bargain, expectation, opportunity, profit, production, revenue, anticipated cost reduction or interest payable howsoever caused, arising out of or in connection with this Contract.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Indirect Losses means loss of profits, loss of production, loss of business, loss of business opportunity, or any claim for consequential loss or for indirect loss of any nature;

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Direct Losses means all damages, losses, liabilities, penalties, fines, assessments, claims, actions, costs, expenses (including the cost of legal or professional services, legal costs being on a substantial indemnity basis), proceedings, demands and charges whether arising under statute, contract or at common law, except Indirect Losses.

  • Compensable injury means an injury by accident arising out of and in the course of hazardous employment which must be established by medical evidence supported by objective medical findings.

  • Structural damage means a covered building, regardless of the date of its construction, has experienced the following.

  • Liability Cap has the meaning ascribed to it in paragraph 1 of Schedule 9;

  • Limitation of Liability PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).

  • Limit of Liability means, with respect to any Insuring Agreement, the limit of liability of the Underwriter for any Single Loss covered by such Insuring Agreement as set forth under the heading “Limit of Liability” in Item 3 of the Declarations or in any Rider for such Insuring Agreement.

  • Indemnification Cap has the meaning set forth in Section 9.4(a).